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HUMMER v. STATE EX REL. BD. OF AGRICULTURE

No. 107261. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

245 P.3d 1244 (2010)

2010 OK CIV APP 133

Mary Lou HUMMER, Plaintiff/Appellant, and Barney Lehmbeck, Trustee of the Oneta Swaim Lehmbeck Living Trust and the Bryon L. Lehmbeck Living Trust; and Anne M. Swaim, Independent Executrix of The Estate of Fred M. Swaim, Plaintiffs, v. STATE of Oklahoma ex rel. OKLAHOMA BOARD OF AGRICULTURE, Oklahoma Department of Agriculture, Food and Forestry; and Land O'Lakes, Inc., Defendant/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied November 1, 2010.

Attorney(s) appearing for the Case

Susan Randall , Oklahoma City, OK, for Plaintiff/Appellant.

James Woodruff , Department of Agriculture, Oklahoma City, OK, for Defendant/Appellee, Board of Agriculture and Department of Agriculture.

R. Thomas Lay , Kerr, Irvine, Rhodes & Abies, Oklahoma City, OK, for Defendant/Appellee, Land O'Lakes, Inc.

CAROL M. HANSEN, Judge.

¶ 1 Plaintiff/Appellant, Mary Lou Hummer (Protestant), seeks review of the district court's order affirming the decision of Defendant/Appellee, Oklahoma Board of Agriculture (Board), to grant a license to Defendant/Appellee, Land O'Lakes, Inc. (Applicant), to construct and operate a concentrated swine feeding operation as a swine nursery in Beaver County, Oklahoma, pursuant to the Oklahoma Swine Feeding Operations Act (OSFO Act), 2 O.S...

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